The Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025

• (2) The magistrates’ court may allow an appeal under paragraph (1) only if it is satisfied that the decision appealed against was wrong on one or more of the following grounds—

• (a) that the decision was based on an error of fact;

• (b) that the decision was wrong in law;

• (c) that the decision was unreasonable;

• (d) that the decision was made without following the procedures set out in the 1984 Act or regulations made under that Act.

• (3) If the magistrates’ court allows an appeal it may quash or vary the decision.

Section 30A prescribed applications

49

• (1) The following applications are prescribed for the purposes of section 30A(1) of the 1984 Act—

• (a) a building control approval application for HRB work;

• (b) a building control approval application for a stage of HRB work;

• (c) a building control approval application for work to existing HRB;

• (d) a change control application;

• (e) a completion certificate application;

• (f) a partial completion certificate application.

• (2) An application may not be made to the Welsh Ministers under section 30A of the 1984 Act where the original application was not valid.

• (3) In this Part—

• “prescribed” (“rhagnodedig”) has the meaning given in section 126 of the 1984 Act;

• “original application” (“cais gwreiddiol”) has the meaning given in section 30A(1) of the 1984 Act.

Section 30A applications: procedure

50

• (1) An application under section 30A of the 1984 Act (“section 30A application”) must be made in writing to the Welsh Ministers by the client for the work to which the original application relates (in this Part , except in regulation 46, “the applicant”) and accompanied by the documents specified in paragraph (3).

• (2) A section 30A application must be made no later than 6 weeks after the day the relevant period in relation to the application ends.

• (3) The documents to accompany a section 30A application are—

• (a) a copy of the original application given to the building control authority (including all documentation that accompanied the application);

• (b) all information provided to the building control authority in relation to the original application by the applicant;

• (c) all correspondence and further information between the applicant and the building control authority in relation to that application;

• (d) a copy of the notice sent to the building control authority under paragraph (4);

• (e) where the application is made by someone on behalf of the client, a statement signed by the client confirming they agree to the application being made and that the information contained in the application is correct.

• (4) At least 2 working days before submitting the application under paragraph (1) the applicant must give notice to the building control authority of their intention to do so.

• (5) In this regulation “relevant period” has the meaning given in section 30A(9) of the 1984 Act.

Section 30A applications: electronic submissions

51

• (1) Where an applicant submits a section 30A application through electronic facilities provided by the Welsh Ministers for that purpose, they are taken to have consented to the use of electronic communications for all purposes relating to the section 30A application that are capable of being carried out electronically.

• (2) The deemed consent in paragraph (1) may be revoked by the applicant giving the Welsh Ministers 2 weeks’ notice in writing specifying that the notice is given under this regulation.

Section 30A applications: determinations

52

• (1) A section 30A application is to be determined¹²² by written representations.

• (2) The Welsh Ministers must give the building control authority the opportunity to make written representations in relation to a section 30A application.

• (3) The Welsh Ministers may give any other person an opportunity to make written representations in relation to a section 30A application.

• (4) The Welsh Ministers may, by notice in writing, require the building control authority to provide specified information, or provide copies of specified documents, by the date specified in the notice.

• (5) The date specified in the notice in paragraph (4) must be at least 10 working days after the day the notice is given.

• (6) Before determining a section 30A application, the Welsh Ministers may hold such meetings with the applicant, the building control authority or any other person, and undertake such visits, testing or inspections, as the Welsh Ministers considers appropriate.

• (7) The Welsh Ministers’ decision must be given in writing to the applicant (and where the applicant is not the client, also give a copy of the decision to the client).

• (8) The Welsh Ministers must send a copy of the Welsh Ministers’ decision to the building control authority.

Section 30A applications: appointed persons

53

• (1) The Welsh Ministers may appoint a person to determine a section 30A application instead of the Welsh Ministers.

• (2) At any time before a person appointed under this regulation has determined the application the Welsh Ministers may—

• (a) revoke that person’s appointment;

• (b) appoint another person to determine the application instead.

• (3) Where a new appointment is made the consideration of the application in question must be started afresh.

• (4) Nothing in paragraph (3) requires any person to be given an opportunity to make fresh representations or modify or withdraw representations previously made.

• (5) A person appointed under this regulation has the same powers and duties in relation to determination of a section 30A application as the Welsh Ministers and, in particular, regulation 52 (section 30A applications: determinations) applies as if references to the Welsh Ministers in that regulation were references to that person.

• (6) Where an application is determined by a person appointed under this regulation their decision is to be treated as the decision of the Welsh Ministers.

Deemed rejection of the original application

54

Where in relation to an application that is prescribed in regulation 49 (section 30A prescribed applications)—

• (a) the period under regulation 50(2) (section 30A applications: procedure) for a person to make a section 30A application has expired without the person making a section 30A application under that regulation, and

• (b) the building control authority did not determine the original application before the end of that period,

the original application is treated as rejected by the building control authority.

Section 30A applications: appeals

55

• (1) An appeal to the magistrates’ court under section 30A(8) of the 1984 Act must be made within 15 working days beginning with the day after the day on which the Welsh Ministers give the decision to the applicant under regulation 52(6) (section 30A applications: determinations).

• (2) The magistrates’ court may allow an appeal under paragraph (1) only if it is satisfied that the decision appealed against was wrong on one or more of the following grounds—

• (a) that the decision was based on an error of fact;

• (b) that the decision was wrong in law;

• (c) that the decision was unreasonable;

• (d) that the decision was made without following the procedures set out in the 1984 Act or regulations made under that Act.

• (3) If the magistrates’ court allows an appeal it may quash or vary the decision.

PART 7 — Miscellaneous

Exempt work

56

For the purposes of these Regulations, building work which consists only of work of a kind described in Schedule 2 is exempt work.

Contraventions by the building control authority not to be subject to enforcement

57

The following provisions of these Regulations are prescribed for the purposes of sections 35(2) and 35B(7)(a) of the 1984 Act—

• (a) regulation 5 (building control approval applications for HRB work or stage of HRB work: time limit);

• (b) regulation 6(1) and (2) (building control approval applications for HRB work or stage of HRB work: consultation);

• (c) regulation 7(1), (4) to (6) and (12) (building control approval applications for HRB work or stage of HRB work: decisions);

• (d) regulation 9(5) (notice before starting on site and further notice when work is “commenced”);

• (e) regulation 13 (building control approval applications for work to existing HRB: time limit);

• (f) regulation 14(1) and (2) (building control approval applications for work to existing HRB: consultation);

• (g) regulation 15(1), (4) to (6) and (12) (building control approval applications for work to existing HRB: decisions);

• (h) regulation 17(4) (notice before starting on site and further notice when work is “commenced”);

• (i) regulation 22 (change control applications: time limit);

• (j) regulation 23(1) and (2) (change control applications: consultation);

• (k) regulation 24(1), (4) to (6) and (9)(b) and (d) (change control applications: decisions);

• (l) regulation 30(4) and (6) to (7) (variation of a requirement imposed on a building control approval);

• (m) regulation 40 (completion certificate applications: time limit);

• (n) regulation 41(1) (completion certificate applications: consultation);

• (o) regulation 42 (completion certificate applications: inspection);

• (p) regulation 43(1) to (5) and (8) (completion certificate applications: decisions);

• (q) regulation 44(5), (7), (9) to (13) and (16) (partial completion certificates);

• (r) regulation 46(6) (regularisation of unauthorised building work);

• (s) regulation 52 (section 30A applications: determinations);

• (t) regulation 53 (section 30A applications: appointed persons).

Provisions in relation to which a stop notice may be given

58

The following provisions are prescribed for the purposes of section 35C(1)(a) of the 1984 Act (stop notices)—

• (a) regulation 3 (HRB work not to be started before approval);

• (b) regulation 7(11)(b) (HRB work not to proceed until approval under a requirement is received);

• (c) regulation 11 (work to an existing HRB not to be started before approval);

• (d) regulation 15(11)(b) (work to existing HRB not to proceed until approval under a requirement is received);

• (e) regulation 18(6) (major change not to be carried out before approval);

• (f) regulation 24(10)(a) (major change not to proceed until approval under a requirement is received) but only in relation to a major change (as defined in regulation 26 of these Regulations).

Transitional provisions

59

Schedule 3 contains transitional provisions.

SCHEDULE 1 — Documents

Competence declaration

1

• (1) A competence declaration is a statement, in relation to work, that contains a declaration in relation to—

• (a) a principal designer (or sole or lead designer) for HRB work, a stage of HRB work or work to existing HRB,

• (b) a principal contractor (or sole contractor) for HRB work, a stage of HRB work or work to existing HRB, and

• (c) any other person appointed (“A”), in relation to the work, as at the date of the building control approval application for HRB work, a building control approval application for a stage of HRB work or the building control approval application for work to existing HRB.

• (2) In relation to a principal designer for HRB work, a stage of HRB work or work to existing HRB, the competence declaration must—

• (a) state that the client—

• (i) has complied with regulation 11V(2)(b) (consideration of past misconduct) of the 2010 Regulations¹²³, and

• (ii) having taken all reasonable steps, is satisfied that the principal designer fulfils the requirements in regulations 11W(1) and (2) and 11X(1) of the 2010 Regulations¹²⁴, and

• (b) include a declaration as to the truth of that statement.

• (3) In relation to a principal contractor for HRB work, a stage of HRB work or work to existing HRB, the competence declaration must—

• (a) state that the client—

• (i) has complied with regulation 11V(2)(b) (consideration of past misconduct) of the 2010 Regulations¹²⁵, and

• (ii) having taken all reasonable steps, is satisfied that the principal contractor fulfils the requirements in regulations 11W(1) and (2) and 11Y(1) of the 2010 Regulations¹²⁶, and

• (b) include a declaration as to the truth of that statement.

• (4) In relation to a sole contractor, or sole or lead designer, the competence declaration must—

• (a) state that the client—

• (i) has complied with regulation 11V(2)(b) (consideration of past misconduct) of the 2010 Regulations¹²⁷, and

• (ii) having taken all reasonable steps, is satisfied that the person fulfils the requirements in regulations 11W(1) and (2) of the 2010 Regulations¹²⁸, and

• (b) include a declaration as to the truth of that statement.

• (5) In relation to any A, the competence declaration must—

• (a) state that the client has been informed by the person appointing A that they have complied with regulation 11V(2)(b) (consideration of past misconduct) of the 2010 Regulations¹²⁹, and

• (b) include a declaration as to the truth of that statement.

• (6) Any competence declaration must—

• (a) be signed by the client or by a person on behalf of the client, and

• (b) where there is more than one contractor for the HRB work, a stage of HRB work or work to existing HRB, include a copy of each record that the client created under regulation 11U(8) or 11U(9) (principal designer and principal contractor) of the 2010 Regulations¹³⁰.

Construction control plan

2

A construction control plan must set out—

• (a) the strategies, policies and procedures the client has adopted for planning, managing and monitoring the HRB work, a stage of HRB work or work to existing HRB so as to ensure compliance with—

• (i) the applicable requirements of the building regulations and to record evidence of that compliance including describing the arrangements the client has adopted to maintain the golden thread information;

• (ii) the duties in Chapter 4 (duties of dutyholders) of Part 2B of the 2010 Regulations¹³¹;

• (b) the strategies, policies and procedures the client has adopted to identify, assess and keep under review the competence of the persons carrying out the HRB work, a stage of HRB work or work to existing HRB or involved in the design of the higher-risk building or design of the building work to the higher-risk building, including the procedures to be followed—

• (i) to determine whether a serious sanction (as defined in regulation 11V of the 2010 Regulations¹³²) has occurred in relation to a person to be appointed;

• (ii) to consider any past behaviour in relation to any serious sanction which might call into question the suitability of a person to be appointed;

• (iii) if a person in relation to which a serious sanction has occurred is appointed, to prevent a repeat of the behaviour;

• (c) the strategies, policies and procedures the client has adopted to support co-operation between designers, contractors and any other persons involved in HRB work, a stage of HRB work or work to existing HRB, including the sharing of all necessary information;

• (d) a schedule of each appointment which has been made as at the date of the application, giving the name of—

• (i) the person who the client has appointed as the principal contractor (or sole contractor),

• (ii) the person who the client has appointed as the principal designer (or sole or lead designer),

• (iii) any other person (excluding individuals except where they are a sole trader) the client has appointed to work on the project,

• (iv) any person (excluding individuals except where they are a sole trader) the principal contractor (or sole contractor) has appointed to work on the project, and

• (v) any person (excluding individuals except where they are a sole trader) the principal designer (or sole or lead designer) has appointed to work on the project,

Change control plan

3

• (1) A change control plan must set out the strategies, policies and procedures the client has adopted to ensure any controlled change takes place under regulation 18 (change control), and to log each controlled change under regulation 19 (change control: record-keeping) including explaining—

• (a) how proposed changes will be identified and to whom they must be reported;

• (b) how the impacts of proposed changes are identified and considered and at what level in the organisation;

• (c) in relation to proposed changes, the decision-making procedures adopted for agreeing a change including whose advice is to be sought;

• (d) how changes are recorded and by when;

• (e) the procedure to identify which changes require notification to the building control authority and which require a change control application;

• (f) how the effectiveness of the change control plan will be reviewed by dutyholders periodically.

• (2) In this paragraph “dutyholders” means the client, the principal contractor (or sole contractor) and the principal designer (or sole or lead designer).

Building Regulations compliance statement

4

• (1) A Building Regulations compliance statement must set out the approach taken in designing the proposed higher-risk building or in designing the work to be carried out on the higher-risk building and the building standards applied, in particular—

• (a) the approach taken in relation to each element of the building and the work to ensure compliance with all applicable requirements of the building regulations,

• (b) the reasons for adopting the approach together with an explanation of why the approach is appropriate and ensures compliance with all applicable requirements of the building regulations, and

• (c) if the approach taken does not follow an approach specified in an approved document, the reason for the alternative approach and how it ensures compliance with all applicable requirements of the building regulations.

• (2) A Building Regulations compliance statement must be accompanied by a statement signed by the principal designer confirming that the information in the Building Regulations compliance statement is correct.

Fire and emergency file

5

• (1) A fire and emergency file must set out—

• (a) the matters that were considered when assessing how the building safety risks identified could impact the higher-risk building or the proposed higher-risk building;

• (b) the proposals adopted and the approaches taken in relation to designing the proposed higher-risk building or the building work to the higher-risk building to ensure compliance with the applicable requirements of the building regulations relating to the building safety risks;

• (c) the measures, strategies and policies it is proposed the owner of the higher-risk building should adopt in order to manage and maintain the higher-risk building or the proposed higher-risk building to ensure anyone in it can be safely evacuated in an emergency, including any assumptions made as to the intended occupiers of the building and their likely characteristics and behaviours;

• (d) the proposed fire strategy demonstrating compliance with the requirements of paragraphs A3 and B1 to B5 of Schedule 1 of the Building Regulations 2010.

• (2) The measures, strategies and policies referred to in sub-paragraph (1) must include—

• (a) a plan which sets out the requirements of the fire and rescue service for the area in relation to access to the higher-risk building and water supply for fire-fighting;

• (b) a report which—

• (i) where the HRB work, a stage of HRB work or work to existing HRB has not started, demonstrates how compliance with the applicable requirements of the building regulations relating to the building safety risks is to be achieved;

• (ii) where the HRB work, a stage of HRB work or work to existing HRB is completed, demonstrates how compliance with the applicable requirements of the building regulations relating to the building safety risks was achieved.

• (3) In this paragraph “building safety risk” means a risk to the safety of people in or about the building arising from any of the following occurring as regards the building—

• (a) the spread of fire;

• (b) structural failure.

Partial completion strategy

6

A partial completion strategy must explain—

• (a) the proposals adopted in designing for occupation of each part of the building or the proposed building to be completed to ensure compliance with the applicable requirements of the building regulations;

• (b) the measures, strategies and policies it is proposed the owner of the building should adopt in order to manage and maintain each such part of the building or the proposed building;

• (c) any assumptions made in those measures, strategies and proposals as to the intended occupiers of each such part of the building or the proposed building and their likely characteristics and behaviours, and the intended management or maintenance of each such part of the building or the proposed building.

SCHEDULE 2 — Exempt work

1

Work consisting of—

• (a) in relation to an existing fixed building service, which is not a fixed internal or external lighting system—

• (i) replacing any part which is not a combustion appliance,

• (ii) adding an output device, or

• (iii) adding a control device,

where testing and adjustment of the work is not possible or would not affect the use by the fixed building service of no more fuel and power than is reasonable in the circumstances;

• (b) providing a self-contained fixed building service, which is not a fixed internal or external lighting system, where—

• (i) it is not a combustion appliance (other than a fixed flueless gas cooker),

• (ii) any electrical work associated with its provision does not consist of—

• (aa) the installation of a new circuit;

• (bb) the replacement of a consumer unit;

• (cc) any addition or alteration to existing circuits in a special location,

• (iii) testing and adjustment is not possible or would not affect its energy efficiency, and

• (iv) in the case of a mechanical ventilation appliance, the appliance is not installed in a room containing an open-flued combustion appliance whose combustion products are discharged through a natural draught flue;

• (c) replacing an external door (where the door together with its frame has not more than 50% of its internal face area glazed);

• (d) in existing buildings other than dwellings, providing fixed internal lighting where no more than 100m² of the floor area of the building is to be served by the lighting;

• (e) replacing—

• (i) a sanitary convenience with one that uses no more water than the one it replaces,

• (ii) a washbasin, sink or bidet,

• (iii) a fixed bath,

• (iv) a shower,

• (v) a rainwater gutter, or

• (vi) a rainwater downpipe,

where the work does not include any work to underground drainage, and includes no work to the hot or cold water system or above ground drainage, which may prejudice the health or safety of any person on completion of the work;

• (f) in relation to any existing cold water supply—

• (i) replacing any part,

• (ii) adding any output device, or

• (iii) adding a control device;

• (g) providing a hot water storage system that has a storage vessel with a capacity not exceeding 15 litres, where any electrical work associated with its provision does not consist of—

• (i) the installation of a new circuit;

• (ii) the replacement of a consumer unit;

• (iii) any addition or alteration to existing circuits in a special location;

• (h) installation of thermal insulation in a roof space or loft space where—

• (i) the work consists solely of the installation of such insulation, and

• (ii) the work is not carried out in order to comply with any requirements of the 2010 Regulations.

2

Installation of thermal insulation to suspended timber floors where—

• (a) the work consists solely of the installation of such insulation, and

• (b) the work is not carried out in order to comply with any requirements of the 2010 Regulations.

3

For the purposes of this Schedule—

• ...

• “self-contained” (“hunangynhwysol”) in relation to a fixed building service means consisting of a single appliance and any associated controls which is neither connected to, nor forms part of, any other fixed building service;

• “special location” (“lleoliad arbennig”) means—within a room containing a bath or shower, the space surrounding a bath tap or shower head, where the space extends—vertically from the finished floor level to—a height of 2.25 metres, orthe position of the shower head where it is attached to a wall or ceiling at a point higher than 2.25 metres from that level, andhorizontally—where there is a bath tub or shower tray, from the edge of the bath tub or shower tray to a distance of 0.6 metres, orwhere there is no bath tub or shower tray, from the centre point of the shower head where it is attached to the wall or ceiling to a distance of 1.2 metres, ora room containing a swimming pool or sauna heater.

SCHEDULE 3 — Transitional provisions

Transitional provisions in relation to plans deposited or initial notices given before 1 July 2026

1

• (1) This paragraph applies where before 1 July 2026—

• (a) an initial notice, in relation to HRB work or work to existing HRB for a particular building, has been given to a local authority and before that date is accepted or conclusively presumed to be accepted under section 47 of the 1984 Act, or

• (b) full plans, in relation to HRB work or work to existing HRB for a particular building, were deposited with a local authority.

• (2) Where this paragraph applies—

• (a) in a case where full plans have been deposited—

• (i) Parts 2 to 6 of these Regulations do not apply to that work, and

• (ii) the 2010 Regulations continue to apply to that work, including the amendments made to the 2010 Regulations by the Building Regulations etc. (Amendment) (No.2) (Wales) Regulations 2025¹³³, but subject to Part 4 (transitional, supplementary and saving provisions) of those Regulations;

• (b) in a case where an initial notice has been given—

• (i) Parts 2 to 6 of these Regulations do not apply to that work, and

• (ii) the 2010 Regulations and the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024¹³⁴ continue to apply to that work, including the amendments made to those Regulations by the Building Regulations etc. (Amendment) (No. 2) (Wales) Regulations 2025 but subject to Part 4 (transitional, supplementary and saving provisions) of those Regulations.

• (3) Sub-paragraph (2) ceases to apply where—

• (a) full plans are rejected by the local authority with whom they were deposited in accordance with any provision of Part 1 of the 1984 Act,

• (b) the approval for the work lapses by virtue of section 32 of the 1984 Act (as that provision had effect immediately before 1 July 2026), or

• (c) the initial notice or the part of that notice which relates to the HRB work or work to existing HRB is cancelled under section 52(5) of the 1984 Act (as that provision had effect immediately before 1 July 2026),

and Parts 2 to 6 of these Regulations apply instead to the work.

Interpretation

2

For the purposes of this Schedule—

• “initial notice” (“hysbysiad cychwynnol”) is a notice given under section 47 of the 1984 Act;

• “full plans” (“planiau llawn”) means plans deposited with a local authority for the purposes of section 16 of the 1984 Act under regulations 12(2)(b) and 14 of the 2010 Regulations (as those provisions had effect immediately before 1 July 2026).

Signed

Rebecca Evans — Cabinet Secretary for Economy, Energy and Planning, one of the Welsh Ministers — 12 December 2025

Editorial notes

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

This instrument is part of a number of Regulations which implement the Building Safety Act 2022 in respect of higher-risk buildings in Wales.

Under section 121A of the Building Act 1984 (“the 1984 Act”), the building control authority is generally the local authority for the area in which the building or proposed building concerned is situated. However, where a local authority proposes to carry out higher-risk building work (as defined in section 120I of the 1984 Act), regulations can be made under section 91ZD of the 1984 Act designating another local authority as building control authority for that work. Regulations under section 91ZD are to be made elsewhere.

The requirements in the Building Regulations 2010 currently apply to higher-risk buildings. Amendments (to be made elsewhere) to those Regulations disapply most of the procedural requirements in them in relation to higher-risk buildings (as to the definition of which see the Building Safety (Description of Higher-Risk Building) (Design and Construction Phase) (Wales) Regulations 2023). Consequently, procedures contained in these Regulations will apply in relation to higher-risk buildings instead of those in the Building Regulations 2010.

Part 2 of these Regulations sets out the procedures for applying for building control approval in relation to higher-risk buildings. Applications must be submitted to the building control authority giving the information required and be accompanied by the plans, documents and information required. Building control approval may, with the applicant’s consent, be subject to a requirement, for example, to not progress beyond a specific point without agreement of the building control authority or that more detailed plans or documents could be approved by the building control authority at a later date.

Part 3 of these Regulations sets out the change control process where any document relating to the work which was approved by the building control authority at the application stage (or subsequently under a requirement or a controlled change) is to be changed. Provision is also made in this Part for change to the client, principal contractor or principal designer, insolvency etc. of a client and variation of a requirement imposed on a building control approval.

Part 4 of these Regulations sets out provisions in relation to the golden thread information, mandatory occurrence reporting and the handover of information on completion of the work.

Part 5 of these Regulations sets out the procedures for applying for completion certificates and partial completion certificates in relation to higher-risk buildings. Applications must be submitted to the building control authority giving the information required and accompanied by the plans and documents required.

Part 6 of these Regulations sets out provision relating to inspections, testing and sampling, regularisation of unauthorised work and the procedure under section 30A of the 1984 Act (which provides that a request can be made to the Welsh Ministers for determination of an application where the building control authority has not made a decision within the time limit prescribed).

Part 7 of these Regulations defines exempt work, gives the building control authority the power by direction to require an application via a specified method, and also sets out those provisions in relation to which a stop notice under section 35C of the 1984 Act may be given. Part 7 also includes consequential amendments to the Regulatory Reform (Fire Safety) Order 2005 and the Community Infrastructure Levy Regulations 2010.

Schedule 3 to these Regulations sets out transitional provisions.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales.

Footnotes